Category Archives: Interagency Cooperation

GAO to @StateDept: Psst! Leadership Attention and Focus, Please!

August 14, 2019 By in Huh? News, Interagency Cooperation, Leadership and Management, Mike Pompeo, Oversight, Pompeo, Realities of the FS, Reform, Reorganization, Rex Tillerson, Secretary of State, Spectacular, State Department, USAID Tags: , , , , , , ,

 

The Government Accountability Office (GAO) recently released its report  on Tillerson’s redesign projects (although those projects were no longer called that).  GAO looked into the status of the reform efforts that the State Department reported to Congress in February 2018 and also looked at the extent to which State addressed key practices critical to the successful implementation of agency reform efforts.
GAO has determined that “State leadership has not provided the focus necessary to support the officials responsible for implementing all these reform projects.”
Uh-oh! Some excerpts below.

Remember the Listening Tour?

In response to the March 2017 Executive Order 13781 and the ensuing OMB memo, State launched a “listening tour” intended to gather ideas and feedback from State and USAID employees. As a key component of this outreach effort, State hired a contractor to design and administer a confidential online survey, which was sent to all State and USAID employees in May 2017. According to the contractor’s report, the survey had a 43 percent response rate, with 27,837 State employees and 6,142 USAID employees responding to the survey. The contractor also conducted in-person interviews with a randomly selected cross section of personnel, which included 175 employees from State and 94 from USAID.

17 Reform Projects Plus

The planning teams developed specific reform projects, listed below in table 2 (17 reform projects, see page7-8 of report), which State described in the fiscal year 2019 budget justification it submitted to Congress in February 2018.9  According to implementing officials, all these projects predated the Executive Order and OMB memo issued in the spring of 2017. They also noted, however, that the administration’s reform-related directives helped advance State’s preexisting efforts by focusing management attention and agency resources on these projects.  (9 In addition to these reform projects, State’s Congressional Budget Justification also reported seven changes related to its reform efforts that are complete or underway. State reported that it is (1) expanding employment opportunities for eligible family members; (2) implementing cloud-based email and collaboration; (3) increasing flexibilities for employees on medical evacuations; (4) streamlining the security clearance process; (5) simplifying the permanent change-of-station travel process; (6) improving temporary duty travel options and experience; and (7) integrating USAID and State global address lists.

Status: Completed-1, Continuing-13, Stalled-2, Discontinued-1

As of April 2019, according to State officials and status reports, State had completed one of its 17 reform projects; 13 projects were continuing; two projects were stalled pending future decisions or actions; and one project was discontinued.
[…]
According to State officials, as of April 2019, although 13 of the reform projects described in the fiscal year 2019 Congressional Budget Justification were considered by State to be continuing, some had been scaled back, slowed down, or both as a result of senior leadership’s shifting priorities and attention.

Leadership Focus and Attention

In February 2018, State reported to  Congress in its fiscal year 2019 budget justification that it was pursuing the reform projects we described above. In March 2018, the first transition affecting the implementation of those projects occurred when the President removed the then Secretary of State and nominated the then CIA director to replace him; in April 2018, the Senate confirmed the current Secretary. According to senior State officials, when the new Secretary took office, his top priority was ending the hiring freeze and restarting a concerted recruitment effort because vacancies in key positions and a general staffing shortfall would otherwise have led to what one senior official described as a “cataclysmic failure” at State. These senior officials noted that the new Secretary decided some of the existing reform projects were not well designed and that he wanted greater emphasis on cybersecurity and data analytics. They said he also wanted to pursue other initiatives, including a new proposal to create a Global Public Affairs Bureau by merging two existing bureaus. The senior officials told us that the Secretary authorized responsible bureaus and offices to determine whether to continue, revise, or terminate existing reform efforts or launch new initiatives. However, State did not formally communicate other changes in its reform priorities to Congress, such as its plan to no longer combine State and USAID’s real property offices.
[…]
State initiated another transition in leadership of the reform efforts in April 2018 when it disbanded the dedicated planning teams overseeing the reform efforts and delegated responsibility for implementing the reform projects to relevant bureaus and offices. As the planning teams finished working on their particular reform efforts and prepared to transfer these projects to the bureaus, some planning teams provided memos and reports on the status of their efforts and offered recommendations for the bureaus to consider when determining next steps in implementing the projects. Some implementing officials, however, reported that they received little or no direction regarding their projects or any other indication of continued interest in their project from department or bureau leadership aside from the initial notification that the project had been assigned to them.
[…]
Various State officials noted that the prolonged absence of Senate confirmed leadership in key positions posed additional challenges. We have previously testified that it is more difficult to obtain buy-in on longterm plans and efforts that are underway when an agency has leaders in acting positions because federal employees are historically skeptical of whether the latest efforts to make improvements are going to be sustained over a period of time

Leadership Transition Effects:

Taken together, the leadership transitions at State had two significant effects on State’s reform efforts. First, the transition of departmental leadership and lack of direction and communication about subsequent changes in leadership’s priorities contributed to uncertainty among implementing officials about the future of individual reform projects. Second, according to implementing officials, the transition of project responsibility from dedicated teams to bureau-level implementing officials resulted in fewer resources and a lack of senior leadership involvement and attention for some projects. Absent leadership decisions, implementing officials will continue to struggle with understanding leadership priorities with regard to State’s reform efforts. Similarly, for any projects that are determined to be leadership priorities, day-to-day implementation activities will continue to be hampered by the lack of a dedicated team to guide and manage the agency’s overall reform effort.

Don’t Forget USAID: Continuing Projects? Where? What?
GAO has not made any recommendations to USAID and yet, the agency has submitted a written response to highlight the State Department’s unwillingness to coordinate with them. What’s this about? (see Appendix III-Comments from the U.S. Agency for International Development – PDF/page25-26):

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@StateDept FOIA: Trump’s January 2017 EO: Protecting the Nation From Foreign Terrorist Entry into the United States

June 30, 2019 By in Chaos, Consular Work, Foreign Policy, Functional Bureaus, Govt Documents, Huh? News, Interagency Cooperation, Iraq, Realities of the FS, State Department, Trends, Trump, U.S. Missions, US Embassy Baghdad, Visas Tags: , , , , , ,

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On January 27, 2017, Trump issued an Executive Order that suspends the entry of refugees to the United States for 120 days and deny entry/issuance of visas to citizens of seven Muslim-majority countries [Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen]. See Trump EO: Protecting the Nation From Foreign Terrorist Entry into the United States, 1.27.2017

Below is a collection of documents from the State Department via Jason Leopold’s FOIA efforts. The documents illustrate the actions and confusion following the issuance of the Executive Order. In a normal administration where the motto is not “chaos everyday”, this EO would have gone through an internal process where overseas posts learn beforehand about the new policy, how it is interpreted for operational purposes, and are provided guidance on how to address the more complicated cases, and exceptions. In this case, the EO was released and overseas posts had no answers to relevant operational questions. The agreed guidance between DHS and State did not go out until January 30, 2017. Meanwhile, US Embassy Baghdad had to deal with the EO fallout from the Iraqi government and shocked Kurdish partners.

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Trump Orders the Establishment of a National Vetting Center to “Identify Individuals Who Present a Threat”

February 7, 2018 By in Federal Agencies, Huh? News, Interagency Cooperation, Security, State Department, Trends, Trump, US Presidents Tags: , , , , , ,

Posted: 2:56 am ET

 

The Presidential Memorandum is titled “Optimizing the Use of Federal Government Information in Support of the National Vetting Enterprise”. On February 6, Trump ordered the establishment of an interagency National Vetting Center “to identify individuals who present a threat to national security, border security, homeland security, or public safety.”

Border and immigration security are essential to ensuring the safety, security, and prosperity of the United States. The Federal Government must improve the manner in which executive departments and agencies (agencies) coordinate and use intelligence and other information to identify individuals who present a threat to national security, border security, homeland security, or public safety. To achieve this goal, the United States Government must develop an integrated approach to use data held across national security components. I am, therefore, directing the establishment of a National Vetting Center (Center), subject to the oversight and guidance of a National Vetting Governance Board (Board), to coordinate the management and governance of the national vetting enterprise.

The National Vetting Governance Board will have the following composition:

The Board shall consist of six senior executives, one designated by each of the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, the Director of National Intelligence, and the Director of the Central Intelligence Agency.

The chair of the Board will be rotational:

The chair of the Board shall rotate annually among the individuals designated from the Department of State, the Department of Justice, the Department of Homeland Security, and the Office of the Director of National Intelligence.  The director of the Center shall serve as an observer at Board meetings.

More:

(a)  The Secretary of Homeland Security, in coordination with the Secretary of State, the Attorney General, and the Director of National Intelligence, shall establish the Center to support the national vetting enterprise.

(i)    The Center shall coordinate agency vetting efforts to identify individuals who present a threat to national security, border security, homeland security, or public safety.  Agencies may conduct any authorized border or immigration vetting activities through or with the Center.  Agencies may support these additional activities, provided that such support is consistent with applicable law and the policies and procedures described in subsections (b) and (d) of this section.

(ii)   The Secretary of Homeland Security shall designate a full‑time senior officer or employee of the Department of Homeland Security to serve as the director of the Center.  The Secretary of State and the Attorney General shall detail or assign senior officials from their respective agencies to serve as deputy directors of the Center.

(iii)  The director shall lead the day-to-day operations of the Center, communicate vetting needs and priorities to other agencies engaged in the national vetting enterprise, and make resourcing recommendations to the Board established pursuant to subsection (e) of this section.

(iv)   Agencies shall provide to the Center access to relevant biographic, biometric, and related derogatory information for its use to the extent permitted by and consistent with applicable law and policy, including the responsibility to protect sources and methods.  Agencies and the Center shall, on a consensus basis, determine the most appropriate means or methods to provide access to this information to the Center.

(v)    The Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, the Director of National Intelligence, and the Director of the Central Intelligence Agency shall, on a continuing basis, work together to ensure, consistent with the authorities and available resources of each official’s respective agency, that the daily operations and functions of the Center, as determined by the Board, are supported, including through the assignment of legal and other appropriate personnel, and the provision of other necessary resources, consistent with applicable law, including the Economy Act (31 U.S.C. 1535).  To the extent permitted by law, details or assignments to the Center should be without reimbursement.

(vi)   The day-to-day operations of the Center shall be executed by appropriate personnel from agencies participating in the national vetting enterprise, to the extent permitted by law, in a manner that adequately facilitates active and timely coordination and collaboration in the execution of the Center’s functions.  Agencies shall participate in the Center and shall provide adequate physical presence to enable the Center to effectively accomplish its mission.  To the extent appropriate, additional agency co-location may be virtual rather than physical.  Each agency shall fund its participation in the Center, consistent with the agency’s mission and applicable law.  There shall be no interagency financing of the Center.

(vii)  The Center shall not commence operations until the President has approved the implementation plan described in subsection (g) of this section.

Deliverable:

Within 180 days of the date of this memorandum, the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, the Director of National Intelligence, and the Director of the Central Intelligence Agency, in coordination with the Director of the Office of Management and Budget, shall, through the Assistant to the President for Homeland Security and Counterterrorism and using the NSPM‑4 process, jointly submit to the President for approval a plan to implement this memorandum.

Read the full memorandum here.

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@StateDept Publishes Global Magnitsky Human Rights Accountability Act Report

July 17, 2017 By in Federal Agencies, Foreign Affairs, Govt Documents, Interagency Cooperation, Obama, Regulations, State Department, Trump, US Presidents, Visas Tags: , , , , , , , , , , , ,

Posted: 4:41 am ET
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The State Department published the Global Magnitsky Human Rights Accountability Act Report on June 20. The Act enacted on December 23, 2016, authorizes the President to impose financial sanctions and visa restrictions on foreign persons in response to certain human rights violations and acts of corruption.

According to the notice, the President approved the report on April 21, 2017.  The report required per Pub. L. 114-328, Subtitle F details (1) U.S. government actions to administer the Act and (2) efforts to encourage the governments of other countries to impose sanctions that are similar to the sanctions authorized by Section 1263 of the Act.

Under Sanctions, the report notes:

“Although no financial sanctions were imposed under the Act during the 120 days since its enactment, the United States is actively seeking to identify persons to whom this Act may apply and collecting the necessary evidence to impose sanctions.”

Under Visa Sanctions, the report notes:

“Although no visa sanctions were imposed under the Act during the 120 days since its enactment, the Department of State is continuously reviewing available information in order to take appropriate actions with respect to visa ineligibilities.”

Under Termination of Sanctions, the report notes:

“No sanctions imposed under the Act were terminated in the 120 days since its enactment.”

The report also notes the following:

“With the passage of the Act, the United States now has a specific authority to identify and hold accountable persons responsible for gross violations of human rights and acts of significant corruption. The global reach of this authority, combined with a judicious selection of individuals and entities, will send a powerful signal that the United States continues to seek an end to impunity with respect to human rights violations and corruption. The Administration is committed to implementing the Act to support efforts to promote human rights and fight corruption. By complementing current sanctions programs and diplomatic outreach, the Act creates an additional authority to allow the Administration to respond to crises and pursue accountability, including where country-specific sanctions programs may not exist or where the declaration of a national emergency under the National Emergencies Act may not be appropriate. With the establishment of the first dedicated global human rights and corruption sanctions program, the United States is uniquely positioned to lead the international community in pursuing accountability abroad consistent with our values.”

While no individual has been sanctioned under the act, the report lists a few examples of Treasury Department designations issued in recent years which illustrates designations that align with the Act’s focus on human rights and corruption.

Andrey Konstantinovich Lugovoy: On January 9, 2017, Russian national and member of the Russian State Duma Andrey Konstantinovich Lugovoy was designated under the Magnitsky Act, which includes a provision targeting persons responsible for extrajudicial killings, torture, or other gross human rights violations committed against individuals seeking to expose illegal activity by Russian government officials. Lugovoy was responsible for the 2006 extrajudicial killing of whistleblower Alexander Litvinenko in London, with Dmitriy Kovtun (also sanctioned) acting as his agent or on his behalf. Lugovoy and Kovtun were two of five individuals designated under the Magnitsky Act on January 9, 2017.

Evariste Boshab: On December 12, 2016, Evariste Boshab was designated under E.O. 13413 (“Blocking Property of Start Printed Page 28216 Certain Persons Contributing to the Conflict in the Democratic Republic of the Congo”), as amended by E.O. 13671 (“Taking Additional Steps to Address the National Emergency With Respect to the Conflict in the Democratic Republic of the Congo”), for engaging in actions or policies that undermine democratic processes or institutions in the Democratic Republic of the Congo (DRC). Boshab offered to pay DRC National Assembly members for their votes in favor of a bill to amend electoral law to delay elections and prolong President Joseph Kabila’s term beyond its constitutional limit.

Kalev Mutondo: Also on December 12, 2016, Kalev Mutondo was designated under E.O. 13413, as amended by E.O. 13671, for engaging in actions or policies that undermine democratic processes or institutions in the DRC. Kalev supported the extrajudicial arrest and detainment of opposition members, many of whom were reportedly tortured. Kalev also directed support for President Kabila’s “MP” political coalition using violent intimidation and government resources.

North Korean Ministry and Minister of People’s Security: On July 6, 2016, the North Korean Ministry of People’s Security was designated pursuant to E.O. 13722 (“Blocking Property of the Government of North Korea and the Workers’ Party of Korea, and Prohibiting Certain Transactions With Respect to North Korea”) for having engaged in, facilitated, or been responsible for an abuse or violation of human rights by the Government of North Korea or the Workers’ Party of Korea. The Ministry of People’s Security operates a network of police stations and interrogation detention centers, including labor camps, throughout North Korea. During interrogations, suspects are systematically degraded, intimidated, and tortured. The Ministry of People’s Security’s Correctional Bureau supervises labor camps (kyohwaso) and other detention facilities, where human rights abuses occur, such as torture, execution, rape, starvation, forced labor, and lack of medical care. A Department of State report issued simultaneously with these designations cites defectors who have regularly reported that the ministry uses torture and other forms of abuse to extract confessions, including techniques involving sexual violence, hanging individuals from the ceiling for extended periods of time, prolonged periods of exposure, and severe beatings. Choe Pu Il, the Minister of People’s Security, was also designated for having acted for or on behalf of the Ministry of People’s Security.

Joseph Mathias Niyonzima: On December 18, 2015, Joseph Mathias Niyonzima was designated under E.O. 13712 (“Blocking Property of Certain Persons Contributing to the Situation in Burundi”) for being responsible for or complicit in or for engaging in actions or policies that threaten the peace, security, or stability of Burundi. Niyonzima supervised and provided support to elements of the Imbonerakure pro-government militia in Burundi, a group that has been linked to the arrest and torture of individuals suspected of opposing the Nkurunziza regime. He was also involved in plans to assassinate prominent opposition leaders.

Fahd Jassem al-Freij: On May 16, 2013, Syrian Minister of Defense Fahd Jassem al-Freij was designated pursuant to, among other authorities, E.O. 13572(“Blocking Property of Certain Persons With Respect to Human Rights Abuses in Syria”) for his role in the commission of human rights abuses in Syria. During his time as Syrian Minister of Defense, the Syrian military forces wantonly and capriciously killed Syrian civilians, including through the use of summary executions and indiscriminate airstrikes against civilians. Some of these airstrikes killed civilians waiting outside of bakeries.

The report says that the United States is committed to encouraging other countries to impose sanctions that are similar to those provided for by the Act. “The Department of State actively participates in global outreach, including the G-20 Denial of Entry Experts Network, a sub-group of the G-20 Anti-Corruption Working Group, in which countries share best practices among visa and immigration experts. Through this network, the United States has encouraged other G-20 members to establish and strengthen corruption-related visa sanctions regimes.”

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@StateDept Survey Report Recommends Moving Issuance of Visas, Passports, Travel Docs to DHS

July 7, 2017 By in Federal Agencies, Foreign Service, Functional Bureaus, Interagency Cooperation, Leadership and Management, Org Life, Realities of the FS, Reform, Reorganization, Rex Tillerson, Secretary of State, Spectacular, State Department, USAID Tags: , , , , , , , 1 Comment

Posted: 3:01 am ET
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The State Department spent at least $1,086,250 for the “listening tour” that Secretary of State Rex Tillerson ordered in late April. On Wednesday, the report was made available internally to State and USAID employees. As of this writing, the State Department has not made the report publicly available. A State Department spokesperson told one media outlet that “Unfortunately, the results of the survey will not be available.”  

The 110-page report is copyrighted by Insigniam and marked “confidential and proprietary” (see more about that here: @StateDept Says It’s “Unfortunate” That It Withholds Employee Survey Results From Public 😢 Hu-Hu!).

The report which includes seven recommendations has a chapter on methodology, and a chapter on what employees want to tell Secretary Tillerson. There were 27,837 respondents from State, and 6,142 respondents from USAID. Some 17,600 overseas employees from the two agencies participated.

The largest category of respondents from State is Locally Employed Staff numbering at 6,735  (followed by 6,331 Generalists/FSOs, and 6,009 Civil Service employees). Mid-level rank employees across FS, CS and LE staff occupy the largest count of responders. The largest survey respondents in terms of tenure have served the State Department 6 to 10 years.

The highest number of respondents by regional bureau came from Bureau of European and Eurasian Affairs (EUR) at 3,131. The highest number of respondents by functional bureau came from the Bureau of Diplomatic Security (DS) with 2,524 respondents, followed by the Bureau of Consular Affairs (CA) with 2,142.

The “listening tour” report has multiple parts but we’d like to go straight to the recommendations it provides, which includes crafting a mission; alignment of purpose and mission; serving the frontline first; treasuring the talent; build a shared services model; duration of assignments and overlap transition time; and the removal of the uncertainty of cuts as soon as possible.

Of special note is Recommendation #5 which is “Build a Shared Services Model” which includes 1) security clearances, 2) human resources, 3) IT, 4) planning, budgeting, finance, procurement, and administrative functions, and  5), Move issuance of passports,visas,and other travel documents to Homeland Security.

Folks, ever heard of ICASS? There are already 13 agencies, in addition to State and USAID who are ICASS shared services participating agencies.  State doesn’t have to build a shared services model, it already has one; and that it can expand. Agencies pay their share of post administrative costs based on usage. “Department of State management personnel currently provide most ICASS services, the post ICASS Council can select other U.S. Government agencies or commercial firms to provide services if it can be demonstrated that they have a competitive advantage in improving services or cutting costs.”  As of August 1, 2016 update, participation in services offered through ICASS is voluntary for agencies except for Basic Package, Community Liaison Office Services, Health Services, and Security Services which are mandatory.

The International Cooperative Administrative Support Services (ICASS) system is the principal means that the U.S. Government provides and shares the cost of common administrative support needed to ensure effective operations at its more than 200 diplomatic and consular posts abroad.  In the spirit of the Government Performance and Results Act, the ICASS system seeks to provide quality services at the lowest cost, while attempting to ensure that each agency bears the cost of its presence abroad.  ICASS, through which over 300 Government entities receive bills for shared services, is a break-even system; the charge to the customer agencies equals the cost of services.

The ICASS program provides a full range of administrative services.  These include motor pool operations and vehicle maintenance, travel services, reproduction services, mail and messenger services, information systems management, reception and telephone system services, purchasing and contracting, human resources management, cashiering, vouchering, accounting, budget preparation, residential and nonresidential security guard services, and building operations.  In addition to the services delivered at the post level, the ICASS system also provides service at the regional level.  An example of regional service delivery is the regional finance centers.  ICASS also delivers services at the headquarters level.  Examples of headquarters level services are the shared expenses of the overseas medical program and the grant program managed by Office of Overseas Schools (A/OPR/OS).  The cost of regional and headquarters level programs are added to the cost of post administrative support and distributed to customer agencies as part of the headquarters-level bill.

The recommendation talks about “creating, at minimum a DOS/USAID and optimally, a federal shared services model that includes these functions:”

Item 1: “Security clearances: eliminate the need to apply for a new security clearance for each new federal agency someone is hired by.”

That sounds awkward. Anyway, right now every agency has its own security clearance process. For instance, if an EFM (diplomatic spouse) were hired by DEA at post, his/her security clearance would be done by the DEA. We understand that whichever agency is doing the hiring also does the security clearance. The smart folks who explained this to us said that having a clearance from one agency might speed up your ability to get a clearance from another agency, but the clearances are not reciprocal from one agency to another. For example, if a Secret Service agent is hired by Diplomatic Security, his/her security clearance from the Secret Service doesn’t transfer to the State Department.

So if you’re talking about “eliminating” the need to apply for a new clearance once hired into a new federal agency — well, that’s not at all within the control of the State Department or USAID. Every agency has its own rules.  You want to make those security clearance rules reciprocal across agencies, you want employees to be able to carry their security clearance across agencies, neither the State Department nor USAID have authorities to do that.

A law enforcement pal told us that the only way this recommendation would work is if ALL background investigations were done by a national agency and all executive agencies are required to accept the security clearance issued by that national agency.  There is the National Background Investigations Bureau (NBIB), housed at OPM (oh, dear), responsible for conducting background investigations for over 100 Federal agencies – reportedly approximately 95 percent of the total background investigations government-wide.  As of October 1, 2016, the NBIB was established as the primary service provider of government-wide background investigations for the Federal Government with the mission of “delivering efficient and effective background investigations to ensure the integrity and trustworthiness of the Federal workforce.” On paper, Executive Order 13764 of January 17, 2017 already provides for the reciprocity of background investigations and adjudications conducted by other authorized agencies. But we don’t know how NBIB works in real life.

So —  if you really want to make the process more efficient and effective, you want not just the portability of a security clearance across agencies, you also want the revalidation process for security clearance to move faster. For that to happen, you need people to process and approve the revalidation. You can’t do that if people are rotating out of positions, and/or if you can’t hire even temporary help because of a self-imposed hiring freeze. So …

Item 4: Other planning, budgeting, finance, procurement, and administrative functions: “…one of the initial areas of focus must also be a comprehensive audit of all reports. This will be followed by an aggressive initiative to streamline and consolidate the cacophony reports and the large amount of people-hours invested in writing them.”

Back in 2010, State/OIG determined that the Bureau of Legislative Affairs (State/H) tracked 310 congressionally mandated reports that needed to be submitted in FY 2010. The Bureau of Administration (State/A) on the other hand separately tracked 108 recurring reports required by the Department. If you want to streamline or consolidate those reports, the State Department could start with the A bureau, but would obviously require congressional approval for those 310 reports. The Bureau of Legislative Affairs (State/H) could certainly tackle that, except wait, we don’t have a Senate confirmed Assistant Secretary for Legislative Affairs, or a Principal Deputy Assistant Secretary. My gosh, that bureau is like a ghost town!

Finally item 5 under the report’s “Build Shared Services Model” may prove to be the most controversial:

Item 5: “Move issuance of passports, visas, and other travel documents to Homeland Security: we heard enough comments (combined with our own expertise in organization design and patterns to conclude) that there may be an opportunity to elevate efficiency and reduce cost by this change. Indications are that doing so would elevate security at our borders and remove a source of dissatisfaction and frustration.”

Folks, the entire report contains three references to visas …

#1 –  an acknowledgement of the men and women behind the scenes who helped the contractors obtained visas during the listening tour;

#2 – a comment from one of the respondents who said, “Focus the Department’s mission and rein in the mission creep. Too much goobly-gook has crept in. We should protect American citizens and businesses, vet visas, and encourage democratic rule of law and good governance. Full stop;”

#3 – Under Recommendation 5 “Move issuance of passports,visas,and other travel documents to Homeland Security.

The report does NOT/NOT  include any discussion or justification presented on how moving the issuance of passports, visas and other travel documents may elevate efficiency, and reduce cost, or how it would elevate security at our borders. The contractors heard “enough comments” but those comments do not appear to be in the report.

By the way, what’s the upside of cost reduction if you actually lose $2.45 billion of annual revenue in the process?

We should note that Consular Affairs (CA), the bureau responsible for the issuance of passports and visas has over 12,000 employees at 28 domestic passport facilities, 2 domestic visa centers, 8 headquarters offices, and more than 240 consular sections at embassies and consulates around the world.  In FY2012, the Bureau also generated approximately $3.14 billion in consular fee revenue, of which 78% ($2.45 billion) was retained by the State Department and shared among its regional and functional bureaus.

We will write a separate post about this recommendation because it deserves a longer post. It is also worth noting that the Trump Administration’s nominee to lead Consular Affairs is publicly on record in support of moving the visa function to DHS (see Ex-FSO Who Once Advocated Moving Visas to DHS May be the Next Asst Secretary For Consular Affairs).

 

Related posts:

 

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Three Fraudsters Sentenced For @StateDept Exchange Visitor Program Scheme

July 6, 2017 By in Court Cases, Federal Agencies, Functional Bureaus, Interagency Cooperation, Oversight, State Department, Visas Tags: , , , , , , , ,

Posted: 1:46 am ET
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Via USDOJ: Three Sentenced for Orchestrating a Nationwide Exchange Visitor Program Fraud Scheme

Acting United States Attorney Steve Butler of the Southern District of Alabama, U.S. Department of State Inspector General Steve A. Linick, and Homeland Security Special Agent in Charge Raymond R. Parmer, Jr. of the New Orleans Field Office announce that lead defendant David Marzano of Zephyr Cove, Nevada, has been sentenced to 26 months in federal prison.  His prison sentence will be followed by 3 years of supervised release.  Marzano was also ordered to pay restitution in the amount of $815,570.00.  Marzano’s co-defendants, Laura Blair also of Zephyr Cove and Janece Burke of Deerfield, Illinois, were each sentenced to 5 years of probation.   The court order Blair to pay $815,570.00, and Burke to pay $271,856.67 in restitution.

In 2002, David Marzano pled guilty in the U.S. District Court of the Northern District of Georgia to a conspiracy involving the unlawful smuggling of aliens.  The conviction stemmed from a staffing agency Marzano operated in the Atlanta area that utilized an illegal alien workforce.   For that offense, he was sentenced to 15 months in prison, followed by 3 years of supervised release.

After getting out of prison, Marzano began using the aliases “Paul Cohen” and “David Cole,” and started a series of new staffing agencies and shell companies based in Chicago, Illinois.  At the time of his arrest Marzano was the CEO of Bullseye Jobs and the former Director of the predecessor company, Hospitality & Catering Management Services.  Marzano’s adult daughter Janece Burke, a.k.a., “Paula Delaney,” “Paula Lawton,” “Jane Moore,” and “Danielle Young,” was the President of Bullseye, and Marzano’s wife Laura Blair, a.k.a., “Jean Cox,” was the company’s Marketing Director.  Together, and with the assistance of others, these defendants engaged in a massive, nationwide fraud scheme designed to unlawfully profit from U.S. Department of State Exchange Visitor Programs.

As was set out in the Indictment, in 1961, Congress passed the Mutual Educational and Cultural Exchange Act of 1961.  The purpose of the Act was to increase mutual understanding between people in the United States and people from other countries by means of educational and cultural exchanges that assist the U.S. Department of State in furthering the foreign policy objectives of the United States.

These educational and cultural exchanges are administered by the U.S. Department of State’s Exchange Visitor Program and governed by specific regulations set out in 22 C.F.R. Part 62.  Annually, more than 275,000 foreign nationals from all over the world enter the United States through one of the Exchange Visitor Programs.  These programs include the Summer Work & Travel Program (“SWT Program”) and the Intern & Training Program (“I/T Program”).

Unlike the SWT Program, the I/T Program is limited to training, and is not an employment program.  As such, regulations specifically prohibit employers from using I/T Program participants as substitutes for ordinary employment or work purposes.  Furthermore, staffing agencies are expressly prohibited from being involved in the I/T Program.

Since the defendants were operating several staffing agencies, the only way to get organizations to sponsor I/T Program participants of the defendants’ companies was to fraudulently misrepresent the true nature of their businesses.   This was primarily done via e-mail between the defendants — who operated under numerous aliases— and sponsor organizations.  In addition, the defendants created various shell companies with names that closely resembled well-known corporations.  One such shell company was Crowne Partnership Group, which, despite representations made by the defendants, had no association with Crowne Plaza Hotels.

As a result of their fraud scheme, more than 200 foreign nationals came to the United States believing that they would be part of the Department of State’s I/T Program.  As the Court heard from victims who testified at the hearing or who submitted victim impact letters, the thousands of dollars necessary to enroll in the program and travel to the United States was a major hardship for many of the foreign victims.  They believed the investment was worth it as the training received through the I/T Program would allow them to return to their home country with much better prospects for being hired as an upper-level executive in foreign-based U.S. companies.  However, rather than receiving the high-level managerial training they expected, the victims were pawned off as cheap foreign labor to restaurants, hotels, and theme parks.  The victims were also required to live in housing arranged by the defendants’ companies.  The businesses where the victims worked paid Marzano directly, but the victims only received a small portion of the wages they earned.

On May 12, 2015, David Marzano and Laura Blair were arrested at Tampa International Airport.  Janece Burke was arrested that same morning in Deerfield, Illinois.  Contemporaneous with the arrests, multiple search warrants were executed in Florida and Nevada.

On June 22, 2015, Janece Burke pled guilty to conspiring with Marzano and Blair to commit wire and mail fraud.  Thereafter, Burke began cooperating with the United States.  Laura Blair pled guilty to the conspiracy charge on April 4, 2016.  That same day, David Marzano pled guilty to the conspiracy charge, as well as a charge for substantive wire fraud, and began cooperating with the United States as well.  The extensive cooperation by both Burke and Marzano has led to various administrative and criminal actions related to other fraud schemes within the I/T Program and other State Department initiatives.

Acting United States Attorney Steve Butler lauded the extensive partnership between the Department of State Office of Inspector General and the Mobile Office of Homeland Security Investigations in shutting down this major fraud scheme.  “The defendants falsely and fraudulently misrepresented the nature of their businesses, which caused real harm to over two hundred victims across the world,” said Acting U.S. Attorney Butler.  “These were vulnerable victims who believed they were coming to the United States to receive high-level training, but who were unfortunately subject to a cruel bait-and-switch.  My office will continue to aggressively prosecute those who seek to defraud vulnerable victims.”

Inspector General Steve A. Linick commended the work of those involved in investigating the case from the Office of Inspector General for the U.S. Department of State. “We are proud to have played a key role in investigating and bringing to justice those who exploit U.S. Department of State programs, such as these, for personal gain.”

Homeland Security Investigations Special Agent in Charge Ray Parmer stated, “Mail and wire fraud can have a devastating impact on victims.  In this case, people expected to come to this country legally and get training and experience.  However, the greed of these three individuals turned trusting people into cheap foreign labor.  HSI will continue to work with our partner law enforcement agencies to ensure we bring those guilty of committing these crimes to justice.”  The New Orleans Field Office, run by Special Agent in Charge Parmer, is responsible for criminal investigations in Alabama, Arkansas, Louisiana, Mississippi, and Tennessee.

This matter was jointly investigated by the U.S. Department of State – Office of Inspector General and HSI-Mobile.  The case was prosecuted by Assistant U.S. Attorney Christopher J. Bodnar of the U.S. Attorney’s Office for the Southern District of Alabama.

 

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USA Offers Up to $5 Million #Reward For Information on Joel Shrum Murder in #Yemen

March 22, 2017 By in Americans Abroad, Diplomatic Security, Functional Bureaus, Interagency Cooperation, State Department, Terrorism, U.S. Missions Tags: , , , , , , ,

Posted: 2:47 am ET
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On March 15, in partnership with the U.S. Department of State’s Rewards for Justice program, the FBI announced a reward of up to $5 million for information on the murder of U.S. citizen Joel Wesley Shrum in Ta’izz, Yemen in 2012. The RFJ announcement notes that at the time of his death, Shrum worked at the International Training and Development Center as an administrator and English teacher. He was living in Yemen with his wife and two young children. Below is the FBI announcement:

The FBI Washington Field Office, in partnership with the U.S. Department of State’s Rewards for Justice program, announced today a reward of up to $5 million for information leading to the arrest or conviction in any country of any individual who committed, conspired to commit, or aided or abetted in the commission of, the murder of U.S. citizen Joel Wesley Shrum.

On March 18, 2012, Joel Wesley Shrum, 29, was driving to his place of employment in Ta’izz, Yemen when two gunmen armed with AK-47s approached Shrum’s vehicle on a motorcycle and fired on the vehicle. Shrum was pronounced dead on the scene. Al Qaeda in the Arabian Peninsula (AQAP) claimed responsibility for the murder. The U.S. State Department designated AQAP as a Foreign Terrorist Organization in 2010. At the time of his death, Shrum worked at the International Training and Development Center as an administrator and English teacher. He was living in Yemen with his wife and two young children.

Individuals with information concerning the shooting of Joel Shrum are asked to contact the FBI or the nearest American Embassy or Consulate or submit a tip on the FBI’s website by visiting tips.fbi.gov. Tips can remain confidential. Additional information regarding Joel Shrum, including a seeking information poster with his picture, is available on the FBI’s website at http://www.fbi.gov/wanted/seeking-info or on the U.S. Department of State’s Rewards for Justice program website at www.rewardsforjustice.net.

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Operation Island Express II Nets Two Document Suppliers in Puerto Rican Identity Trafficking Scheme

March 17, 2017 By in Diplomatic Security, Federal Agencies, Functional Bureaus, Interagency Cooperation, Security, State Department Tags: , , , , , , , , ,

Posted: 1:14 am ET
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On March 14, 2017, USDOJ announced that two identity document suppliers were sentenced to prison for their role in trafficking the identities of Puerto Rican U.S. citizens and corresponding identity documents:

Francisco Matos-Beltre, 43, a Dominican national who became a U.S. citizen in 2013, formerly of Philadelphia, was sentenced to serve 51 months in prison and three years’ supervised release. Isaias Beltre-Matos, 46, a Dominican national and legal permanent resident formerly of Providence, Rhode Island, was sentenced to serve 51 months in prison and three years’ supervised release. Both defendants were sentenced before U.S. District Judge Juan M. Perez-Gimenez of the District of Puerto Rico. Beltre-Matos pleaded guilty on Aug. 10, 2016, to conspiracy to commit identification fraud and commit human smuggling for financial gain. Matos-Beltre pleaded guilty on Sept. 14, 2016, to conspiracy to commit identification fraud and commit human smuggling for financial gain.

According to admissions made in connection with the pleas, identity document runners located in the Savarona area of Caguas, Puerto Rico, obtained Puerto Rican identities and corresponding identity documents. Other conspirators, identified as identity document suppliers and brokers, located in various cities throughout the United States allegedly solicited customers for the sale of social security cards and corresponding Puerto Rico birth certificates for prices ranging from $400 to $1,200 per set. The defendants also admitted that the conspirators used the U.S. mail to complete their illicit transactions.

According to the pleas, Beltre-Matos admitted that he sold identity documents to customers, who generally obtained the identity documents to assume the identity of Puerto Rican U.S. citizens and to obtain additional identification documents, such as legitimate state driver’s licenses. Some customers obtained the documents to commit financial fraud and attempted to obtain a U.S. passport, according to the plea agreement. Matos-Beltre also admitted to being a document supplier and that he bought and transferred identity documents belonging to real people to document brokers. Matos-Beltre admitted that he knew his customers would fraudulently use the documents that he provided.

Diplomatic Security special agents record evidence seized during a training exercise to execute a search warrant in suburban Washington, D.C., July 21, 2009. U.S. Department of State Photo.

USDOJ also announced the contact info for potential victims:

Potential victims and the public may obtain information about the case at: www.justice.gov/criminal/vns/caseup/beltrerj.html. Anyone who believes their identity may have been compromised in relation to this investigation may contact the ICE toll-free hotline at 1-866-DHS-2ICE (1-866-347-2423) and its online tip form at www.ice.gov/tipline. Anyone who may have information about particular crimes in this case should also report it to the ICE tip line or website.

Anyone who believes that they have been a victim of identity theft, or wants information about preventing identity theft, may obtain helpful information and complaint forms on various government websites including the Federal Trade Commission ID Theft Website, www.ftc.gov/idtheft. Additional resources regarding identity theft can be found at www.ojp.usdoj.gov/ovc/pubs/ID_theft/idtheft.html; www.ssa.gov/pubs/10064.html; www.fbi.gov/about-us/investigate/cyber/identity_theft; and www.irs.gov/privacy/article/0,,id=186436,00.html.

USDOJ credits the Chicago offices of ICE-HSI, USPIS, DSS and IRS-CI for leading the investigation, dubbed Operation Island Express II.  Also cited are HSI San Juan and the DSS Resident Office in Puerto Rico, the HSI Assistant Attaché office in the Dominican Republic and International Organized Crime Intelligence and Operations Center (IOC-2).  Trial Attorneys Marianne Shelvey of the Criminal Division’s Organized Crime and Gang Section and Frank Rangoussis of the Criminal Division’s Human Rights and Special Prosecutions Section prosecuted the case, and the U.S. Attorney’s Office of the District of Puerto Rico was cited for providing assistance.

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IRS to Start Certifying Unpaid Taxes of $50K+ in Early 2017 For Revocation/Denial of US Passports

February 8, 2017 By in Americans Abroad, Consular Work, Federal Agencies, Functional Bureaus, Interagency Cooperation, Regulations, State Department, U.S. Missions Tags: , , , , ,

Posted: 1:16 am  ET
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In December 2015, we reported in this blog  about the “Fixing America’s Surface Transportation Act,” or “FAST Act.” One item included in the FAST Act, which had been signed into law, affects the State Department and the traveling American public. Section 7345 provides for the revocation or denial of U.S. passports to applicants with certain tax delinquencies considered ‘seriously delinquent tax debt’ –that is, a tax liability that has been assessed, which is greater than $50,000 and a notice of lien has been filed. (see New Law Authorizes Revocation or Denial of U.S. Passports to Certain Tax Delinquents).

A recent IRS notice says that the agency has not yet started certifying tax debt to the State Department but that such certifications will begin in early 2017. The website here currently provides information “for informational purposes only” but will be updated to indicate when the process has been implemented. Excerpt:

If you have seriously delinquent tax debt, IRC § 7345 authorizes the IRS to certify that to the State Department. The department generally will not issue or renew a passport to you after receiving certification from the IRS.

Upon receiving certification, the State Department may revoke your passport. If the department decides to revoke it, prior to revocation, the department may limit your passport to return travel to the U.S.

Certification Of Individuals With Seriously Delinquent Tax Debt

Seriously delinquent tax debt is an individual’s unpaid, legally enforceable federal tax debt totaling more than $50,000* (including interest and penalties) for which a:

–Notice of federal tax lien has been filed and all administrative remedies under IRC § 6320 have lapsed or been exhausted or

–Levy has been issued

Some tax debt is not included in determining seriously delinquent tax debt even if it meets the above criteria. It includes tax debt:

–Being paid in a timely manner under  an installment agreement entered into with the IRS

–Being paid in a timely manner under an offer in compromise accepted by the IRS or a settlement agreement entered into with the Justice Department

–For which a collection due process hearing is timely requested in connection with a levy to collect the debt

–For which collection has been suspended because a request for innocent spouse relief under IRC § 6015 has been made

Before denying a passport, the State Department will hold your application for 90 days to allow you to:

–Resolve any erroneous certification issues

–Make full payment of the tax debt

–Enter into a satisfactory payment alternative with the IRS

There is no grace period for resolving the debt before the State Department revokes a passport.

Read more here: https://www.irs.gov/businesses/small-businesses-self-employed/revocation-or-denial-of-passport-in-case-of-certain-unpaid-taxes.

Note that the passport denial for individuals who owe more than $2500 in past-due child support, based on a certification by the responsible State child-support agency to the Department of Health and Human Services (HHS) has been challenged and upheld in two cases before Federal courts: Eunique v. Powell, 281 F.3d 940, 2002 (9th Cir. Cal. 2002 – statute does not violate Fifth Amendment freedom to travel internationally); Weinstein v. Albright, 261 F.3d 127; 2001 (2nd Cir. 2001 – statutory and regulatory scheme comports with due process and equal protection).

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Trump EO Also Suspends Visa Interview Waivers – Expect Long Visa Wait Times, Again

January 31, 2017 By in Congress, Consular Work, Federal Agencies, Foreign Service, Functional Bureaus, Interagency Cooperation, Leadership and Management, Politics, Realities of the FS, Spectacular, State Department, Technology and Work, Training, Trends, Trump, U.S. Missions, US Presidents, Visas Tags: , , , , , , , , 2 Comments

Posted: 10:28 am  PT
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In 2012, then President Obama issued an Executive Order on Establishing Visa and Foreign Visitor Processing Goals and the Task Force on Travel and Competitiveness, which among other things, “ensure that 80 percent of nonimmigrant visa applicants are interviewed within 3 weeks of receipt of application, recognizing that resource and security considerations and the need to ensure provision of consular services to U.S. citizens may dictate specific exceptions”.  The Obama EO directed a plan that “should also identify other appropriate measures that will enhance and expedite travel to and arrival in the United States by foreign nationals, consistent with national security requirements.” In 2012, an Interview Waiver Pilot Program (IWPP) was introduced for for low-risk visa applicants. It became was made permanent in 2014, and became the Visa Interview Waiver Program (VIWP).

According to congressional testimonies, there are 222 visa-issuing embassies and consulates where “highly-trained corps of consular officers and support staff process millions of visa applications each year, facilitating legitimate travel while protecting our borders.”  In FY2015, overseas posts issued over 10.8 million nonimmigrant visas. That number is only a partial picture of the workload as it does not include visa refusals, a number that is significantly higher than visa issuances.

Section 8 of President Trump’s Executive Order: Protecting the Nation From Foreign Terrorist Entry into the United States refers to the immediate suspension of visa interview waivers specifically, the VIWP, and imposes a requirement that all nonimmigrant visa applicants, with exceptions, undergo in-person interviews.

Sec . 8 . Visa Interview Security

(a) The Secretary of State shall immediately suspend the Visa Interview Waiver Program and ensure compliance with section 222 of the INA, 8 U.S.C. 1222, which requires that all individuals seeking a nonimmigrant visa undergo an in-person interview, subject to specific statutory exceptions.

(b)  To the extent permitted by law and subject to the availability of appropriations, the Secretary of State shall immediately expand the Consular Fellows Program, including by substantially increasing the number of Fellows, lengthening or making permanent the period of service, and making language training at the Foreign Service Institute available to Fellows for assignment to posts outside of their area of core linguistic ability, to ensure that non-immigrant visa-interview wait times are not unduly affected.

We understand that the current Visa Interview Waiver Program (VIWP) was “carefully crafted”, and rolled out in consultation with the Congress. It was designed not/not to go back to pre-911 situation but to facilitate travel in cases of no discernable risk.

Here is what the Consular Affairs bureau told Congress:

Since 9/11, a risk-based approach grounded on greater and more effective domestic and international information sharing has become a key principle of visa processing policy.  This approach enables the United States to channel more resources toward the prevention of high-risk travel while simultaneously increasing the number of legitimate visitors arriving by land, air, and sea.  The Electronic System for Travel Authorization (ESTA) prescreening process for Visa Waiver Program (VWP) travelers, international information sharing arrangements, Global Entry, which expedites the movement of low-risk, frequent travelers who proceed directly to automated kiosks upon arrival in the United States, and interagency counterterrorism and eligibility checks are examples of how U.S. agencies can use information collected from visitors and/or governments in advance of travel to accomplish complimentary and mutually re-enforcing goals of preventing terrorists and serious criminals from traveling to the United States while facilitating the entry of legitimate visitors.

We asked the State Department about the suspension of the VIWP and its impact on visa operations. We were interested in the number of applicants who used the Visa Interview Visa Program for the last fiscal year.  In trying to get a sense of the impact of the new EO on visa operations, we also were interested on number of consular officers in visa sections worldwide.

Our question is in general staffing terms not specific to any posts, nonetheless, a State Department official on background declined to discuss staffing levels or the number of officers working at any embassy or consulate.  However, the SDO  did provided the following information:

The Executive Order suspends previously authorized portions of the Interview Waiver Program. The Interview Waiver Program will continue for certain diplomatic and official visa applicants from foreign governments and international organizations (categories: A-1, A-2, G-1, G-2, G-3, G-4, NATO-1 through -6, C-2 and C-3) applicants under the age of 14, or over the age of 79; and applicants who previously held a visa in the same category that expired less than 12 months prior to the new application. As always, a consular officer must require that any applicant appear for an in-person interview in any situation where information provided on the application or during the screening process indicates any reason for further questioning. All visa applications, including those cases above, for which the visa interview is waived, are subject to the same rigorous security screening.

Previously, applicants renewing their visas in the same category within 48 months of expiration were eligible for their interview to be waived, as were first-time Brazilian and Argentine applicants ages 14-15 and 66-79.

We don’t know what is the current number but in 2013, Brazilian visitors contributed $10.5 billion to the U.S. economy, a 13 percent increase from the prior year.

Background of the Visa Interview Waiver Program (VIWP)

In January 2012, the Department and the Department of Homeland Security (DHS) initiated the two-year Interview Waiver Pilot Program (IWPP) to streamline processing for low-risk visa applicants.  The worldwide pilot program allows consular officers to waive in-person interviews for certain nonimmigrant visa applicants who were previously interviewed and thoroughly screened in conjunction with a prior visa application, and who are renewing a previous visa within four years of its expiration.  The pilot program also allows consular officers to waive interviews for qualified Brazilian applicants falling into specific age ranges, even when applying for visas for the first time.

All IWPP applications are thoroughly reviewed by a commissioned consular officer, with the applicant’s fingerprints, photograph, and biodata undergoing extensive database checks.  Consular officers have been directed to require an interview for any applicant who might otherwise qualify for the IWPP, if the application is not immediately approvable upon paper review, including if database checks reveal potential grounds of inadmissibility or other possible concerns.  State concluded an August 2013 validation study of the IWPP, which showed that B1/B2 visa issuances under the IWPP present no greater risk of overstay than interview-based B1/B2 visa issuances.

Statement of Edward J. Ramotowski, Deputy Assistant Secretary for Visa Services,
November 14, 2013|Washington, D.C.
Department of State Before the U.S. House of Representatives Committee on Oversight and Government Reform, Subcommittee on National Security

In 2013, State/CA’s congressional testimony indicates that “more than 90 percent of applicants worldwide were interviewed within three weeks of submitting their applications.”  This includes key markets such as China where consular officers were able to keep interview wait times to an average of five days while managing an average annual workload increase of 23 percent over the past three years.  In Brazil, consular officers were able to bring down wait times by 98 percent, from a high of 140 days in São Paulo, to just two days in September 2013, while also managing an eleven percent jump in annual workload between 2011 and 2013. These results were partially attributed to the VIWP:

The Department’s success is partially attributable to the introduction of secure, streamlined processes such as the Interview Waiver Pilot Program (IWPP), which allows consular officers to waive in-person interviews for certain nonimmigrant visa applicants who are renewing their visas, and whose biometric data we have on file.  IWPP is operational at more than 90 visa processing posts in more than 50 countries, and consular officers have already waived interviews for more than 500,000 of these low-risk visa applicants.  The pilot has been particularly successful in China, where it constitutes 30 percent of Mission China’s visa renewal workload.  Of course, these applicants are subject to all of the security checks conducted for any interviewed applicant.  State also concluded an August 2013 validation study of the IWPP, which showed that B1/B2 visa issuances under the IWPP present no greater risk of overstay than interview-based B1/B2 visa issuances.

On June 26, 2014, before the Senate Committee on Commerce, Science, and Transportation, Subcommittee on Tourism, Competitiveness and Innovation hearing on Travel Facilitation, then CA Assistant Secretary Michele T. Bond cited the VIWP as one of the most effective ways of improving visa operations for low risk travelers:

One of the most effective ways we have to improve the efficiency of visa operations is to eliminate in-person interviews for low-risk travelers, while retaining all of the security checks that apply to every visa applicant.  Although the Immigration and Nationality Act (INA) requires our consular officers to interview in-person all visa applicants aged 14 through 79, it also provides limited authority to waive interviews, including authority to waive for diplomatic and official applicants from foreign governments and for some repeat applicants.  We are utilizing technology and advanced fraud detection techniques to help us expand the pool of applicants for whom interviews can be waived under the Interview Waiver Program.  This allows us to focus resources on higher-risk visa applicants while facilitating travel for low-risk applicants.

We are working with our colleagues across the government to expand this successful program, which became permanent in January 2014.  In fiscal year 2013, we waived over 380,000 interviews, and a recent study showed that tourist and business visitor visa holders whose interviews were waived, all of whom were subject to the full scope of security checks, posed no greater risk for an overstay than those who were interviewed.  We are interested in explicit legislative authority to supplement the existing Interview Waiver Program by adding additional low-risk applicant groups such as citizens of Visa Waiver Program members applying for other types of visas such as student or work visas; continuing students moving to a higher level of education; non-U.S. citizen Global Entry and NEXUS trusted traveler program members; and holders of visas in other categories, such as students and workers, who wish to travel for tourism or business.  The Department is interested in working with Congress on legislation specifically authorizing the Secretaries of State and Homeland Security to enhance our interview waiver programs.

Since the VIWP is available in China and India, and many other countries with high visa demand, and includes visitor/business (B1-B2) visas, student (F) visas, and temporary worker’s (H1-B) visas, the workload impact on consular sections will be significant.  As more applicants require interviews, more interview windows will be needed, more consular officers will be needed, and larger facilities would become necessary.

By shutting down the IVWP, the Trump EO immediately expands the number of applicants that require in-person interviews. Section 8 (b) of the Trump EO also “immediately expand” the Consular Fellows Program, while a separate EO imposed a federal hiring freeze. Even if hiring is allowed under the Consular Fellows program, training new limited noncareer employees cannot occur overnight.

According to CA official’s congressional testimony, in 2014, 75 million international visitors traveled to the United States, a seven percent increase over 2013; they spent over $220 billion.  “Tourism is America’s largest services export and one that can’t be outsourced.” See current key numbers on US tourism in infographic below.

In FY 2014, Consular Affairs also generated $3.6 billion in revenue, which supports all consular operations in the Department and provides border security-related funding to some interagency partners. The CA bureau is probably the only fully fee-funded operation in the State Department.  It collects and retains fees for certain visa and passport services pursuant to specific statutory authority.  According to congressional testimony, the current fee statutes allow the bureau to retain approximately 80 percent of the fees it collects, with the balance going to the Treasury, which then help fund 12 other arms of the USG supporting border protection/national security.

 

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